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This worker's compensation case concerns the plaintiff, McKinney, who developed silicosis from silica dust exposure while employed in the defendant's Feldspar mine. The primary legal issue revolved around the one-year statute of limitations (T.C.A., § 50-1017) and when the plaintiff gained knowledge of his occupational disease. The plaintiff claimed he was only clearly informed by Dr. Nat Hyder on November 11, 1978, a finding upheld by the Chancellor against the defendant's argument that an earlier examination by Dr. C. P. Cole in November 1977 provided sufficient knowledge due to the ambiguity of Dr. Cole's diagnosis. The court also addressed the calculation of the plaintiff's average weekly wage, reducing it from the Chancellor's finding of $100.24 to $69.00 based on actual part-time earnings. The final decree affirmed the Chancellor's decision regarding the statute of limitations but modified the weekly wage calculation.
McKinney v. Feldspar Corp. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This worker's compensation case concerns the plaintiff, McKinney, who developed silicosis from silica dust exposure while employed in the defendant's Feldspar mine. The primary legal issue revolved around the one-year statute of limitations (T.C.A., § 50-1017) and when the plaintiff gained knowledge of his occupational disease. The plaintiff claimed he was only clearly informed by Dr. Nat Hyder on November 11, 1978, a finding upheld by the Chancellor against the defendant's argument that an earlier examination by Dr. C. P. Cole in November 1977 provided sufficient knowledge due to the ambiguity of Dr. Cole's diagnosis. The court also addressed the calculation of the plaintiff's average weekly wage, reducing it from the Chancellor's finding of $100.24 to $69.00 based on actual part-time earnings. The final decree affirmed the Chancellor's decision regarding the statute of limitations but modified the weekly wage calculation.
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